Control Of The Group And Affiliation Legal Adjustments

Along with the further development and evolution of market economy and institutions of enterprises, and for a better adaptation to the requirement of socialized production and economies of sale, developing of more group enterprises is becoming an exorable trend. While various measures taken for to complement group enterprise institutions are mainly focused on the interests of the related subjects, to regulate the relation among controlling enterprises and dependent enterprises becomes one of the most basic and important issues in establishing of group enterprise institutions.This article is divided into three parts except foreword and conclusion.First part, Compares the concepts of the enterprise group, have recommended the definitions systematically in documents and theories of common and continent law, even in our country. Thus points out that "unifies management" or "the outside is controlled "is the main character of the enterprise group. Finally, I also compare enterprise group and other concepts such as affiliated enterprise, parent company and subsidiary company.Second part, expounds the legal nature of group enterprises and probes into legal regulation of relations among the basic subjects related. While a group enterprise is an enterprise organization formed by controlling and dependant companies on the basis of the property connection among them, such a relation should be an important starting point for the study of a group enterprise. This part studies the legal regulation between controlling and dependent companies and states that relevant institutions and rules concerning notifying obligation of share holding and restraint of cross-shareholding should be set up and applied when the controlling relation is formed. And accounting discipline between controlling and dependent companies should be complemented. Laws governing the relation between controlling and dependent...